Opinion
February 11, 1991
Appeal from the Supreme Court, Kings County (Meyerson, J.).
Ordered that the judgment is reversed, on the law, that branch of the defendant's omnibus motion which was to suppress physical evidence and his inculpatory statement is granted, the indictment is dismissed, and the matter is remitted to the Supreme Court, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.
We agree with the defendant's contention that the stop of the livery cab in which he was riding constituted illegal police conduct. The hearing record amply demonstrates that the stop was not prompted by a traffic violation, but was instead premised upon an unelaborated precinct directive, issued in response to an increase in livery cab robberies, that all patrol units stop two or three livery vehicles each night to ascertain that everything was all right. Under the circumstances presented, this was an inadequate basis for stopping the vehicle (see generally, People v Scott, 63 N.Y.2d 518; People v Ingle, 36 N.Y.2d 413; People v Genn, 144 Misc.2d 596). Accordingly, the defendant's statement and the handgun recovered from his person is suppressed and the indictment is dismissed (see, People v Watson, 157 A.D.2d 476; People v Llopis, 125 A.D.2d 416). Mangano, P.J., Kunzeman, Kooper, Sullivan and O'Brien, JJ., concur.